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Category: General
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HIV restaurant manager in Vietnam?

Customer Question

I am a Vietnamese living in Vietnam, I am a restaurant manager and I am HIV positive, with a cd4 count near 900. Can the restaurant ask me to do the test? If so, can they refuse renewal of the contract based on that?

Submitted: 3 years ago.
Category: General
Expert:  Nicola-mod replied 3 years ago.
Hello,

Thank you for contacting JustAnswer.co.uk.

It was brought to our attention that you asked a legal question about Vietnam, where we do not have active professionals. As much as we would like to assist you, we have to be honest and say that the best we can do is maybe to provide a legal Internet researcher who might be able to find your answer. We realize that option is not ideal, and we always want to provide our customers with the best possible answer.

At this time, we'd like to give you the option of leaving your question open. Keep in mind that you're never obliged to accept an answer that you're not satisfied with, and you can try it out before you accept. Or, we can close your question page for you, if you prefer.

Please let me know how you’d like to proceed,
Nicola

Customer: replied 3 years ago.

Hi, thank you for taking the time.


I would really like to have a definitive answer, even knowing that the reality here is that people talk a lot...


I would like to consider this as an open question...


Kindly advise...


Regards

Customer: replied 3 years ago.
Relist: Other.
Answer does not respond to the question (for whatever reason)
Expert:  Nicola-mod replied 3 years ago.
Hello,

I will transfer this to General for you and hopefully one of our researchers there will pick it up and be able to assist.

Thank you for your patience,
Nicola
Expert:  Dr. Thomas, MD replied 3 years ago.
Hello
You are really asking a legal question.
In the US the answer would be no.
In vietnam that is a different issue entirely.

This question needs to go to law...I will notify the moderator.
Expert:  Dr. Thomas, MD replied 3 years ago.
I might have some help for you as 2006 documents indicate you have a right to work and to not be alienated due to being HIV positive.

Please see this document.

http://test.aidsportal.org/atomicDocuments/AIDSPortalDocuments/VietnamGovLawHIVPreventionControl2006.pdf

This of course makes sense, but you sill still need the aid of a local lawyer if this is being pressed.

Medically speaking, there is no risk to the public that justifies you being asked to leave your job.

Use reply to let me know if you have further questions.
Please do not forget a positive rating.

Customer: replied 3 years ago.

Dear Dr,


Thank you for your clarification about the medical consequences of my work. Unfortunately, that was not what I asked. I asked for a legal clarification of the situation. This is because in my experience, an ordinary person reading the terms of the Law, has many times different interpretations of what will be further ahead, the decision of a court or the interpretation of a Law article.


 


Please let me know if JustAnswer can provide a definitive legal answer or not.


 


Kind regards

Expert:  Dr. Thomas, MD replied 3 years ago.
did you look at the link I gave you?
It is a legal answer I believe
Customer: replied 3 years ago.

Dear Dr. Thomas,


 


I have read your reply, in which the link was inserted. For some reason, it was not "clickable" neither could I see it in my desktop. On the smartphone, the same problem.


 


Would you be so kind to resend it?


 


Kind regards.

Expert:  Dr. Thomas, MD replied 3 years ago.
Can you copy it, paste it into your browser address space, hit enter, and tell me what happens
Customer: replied 3 years ago.

Dear Dr. Thomas,


 


Exactly, the link doesn't appear complete. But I already got the pdf file. It is the law 64/2006/qh11, right? What I need is exactly someone that could give a correct interpretation of it. For me it is too vague and I can not correlate it with other local laws...


 


Thank you in advance.


 


Kind regards

Expert:  Dr. Thomas, MD replied 3 years ago.
Did you see this section, top of page 3

4. Elimination of stigma and discrimination against HIV-infected people and
their family members; facilitation of HIV-infected people and their family members to
participate in social activities, especially in HIV/AIDS prevention and control.
Customer: replied 3 years ago.

Yes I read it all. But I still can not conclude that they can not ask such tests... Or can I? This is why I need a professional opinion, and I am paying...


 


Thank you again for your patience.


 


Kind regards

Expert:  Dr. Thomas, MD replied 3 years ago.
OK
I will again try to get this sent to law
Expert:  Shantal-Mod replied 3 years ago.

Hello,

Thank you for using JustAnswer.

If you find that your question is not getting answered you may want to consider posting your question on the US version of our site, www.justanswer.com, where your question would be made available to a wider range of professionals. You may be able to get an answer faster on the US version of JustAnswer.

You will need to place a new deposit on the US site. You can get a refund of your deposit on the UK site by following this link:

www.justanswer.co.uk/refund/refund.aspx

Please let me know if you need further assistance,


Shantal

Customer: replied 3 years ago.

Dear Dr.,


 


Thank you very much for your attention. I will do so.


 


Kind regards,

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